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IRS Proposes Regs For Stock Repurchase Excise Tax

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The Treasury Department and the IRS issued proposed rules on Tuesday that provide taxpayers and tax professionals with new guidance regarding the Inflation Reduction Act’s 1% excise tax owed on corporate stock repurchases or buybacks.

“As the tax code has favored stock buybacks, many companies have failed to reinvest profits in their workers, growth, and innovation. The stock buyback excise tax begins to change that,” the Treasury Department said in a press release on Tuesday.

The proposed regulations provide additional clarity to taxpayers and tax professionals on how to properly calculate and pay the new excise tax on corporate stock buybacks. In late December 2022, the Treasury Department and the IRS published interim guidance in Notice 2023-02, which addressed the excise tax and describes certain rules with respect to reporting and payment obligations.

Janet Yellen

“President Biden’s Inflation Reduction Act helps ensure that large corporations pay their fair share, just as American families do,” Treasury Secretary Janet Yellen said in a statement on April 9. “This proposed rule is a key part of the Biden administration’s efforts to improve tax fairness and reduce the deficit by closing loopholes and ensuring wealthy individuals, large corporations, and complex partnerships pay taxes owed.”

The Inflation Reduction Act of 2022 imposed the excise tax on corporate stock repurchases by covered corporations for transactions occurring after Dec. 31, 2022. Generally, a covered corporation is any publicly traded domestic corporation (other than a regulated investment company or real estate investment trust), including its specified affiliates.

The stock buyback excise tax applies at a rate of 1% of the fair market value of any stock of a covered corporation that’s repurchased by the corporation during its taxable year, minus the aggregate fair market value of stock issued by the taxpayer during that year. “Repurchases” or “buybacks” include a corporation’s acquisition of any of its stock from a shareholder for property that qualifies as a redemption of the stock as defined in the tax code, according to the Treasury Department. 

The Inflation Reduction Act also states that a repurchase (or buyback) includes any other transaction that the Treasury secretary determines in regulations or other guidance to be “economically similar” to a redemption of stock. These economically similar transactions include buybacks of corporate stock that occur in connection with certain corporate mergers, separations, and other M&A transactions. A repurchase also may include acquisitions of the corporation’s stock by certain specified affiliates.

The proposed regulations also include a targeted anti-abuse rule directed at foreign-parented multinational corporations that requires them to pay their share of the stock buyback excise tax, without the normal intercompany funding transactions among their corporate affiliates being inadvertently captured, the Treasury Department said.

The proposed regs would impact covered corporations that repurchase their stock or whose stock is acquired by certain affiliates. The regs also would affect certain publicly traded foreign corporations that repurchase their stock or whose stock is acquired by certain affiliates.

The regulations would implement the statutory netting rule that reduces the aggregate fair market value of stock repurchased by a taxpayer during a taxable year by the aggregate fair market value of stock issued by the taxpayer during the taxable year, the IRS said. In addition, the regulations would implement the statutory “de minimis” exception which provides that a taxpayer isn’t subject to the stock repurchase excise tax with respect to a taxable year if the aggregate fair market value of the stock repurchased by the taxpayer during the taxable year doesn’t exceed $1 million.

The proposed regulations state that the stock repurchase excise tax must be reported on Form 720, Quarterly Federal Excise Tax Return, with the Form 7208, Excise Tax on Repurchase of Corporate Stock, attached. The Form 7208 would be used to figure the amount of stock repurchase excise tax owed, according to the IRS. A draft version of the Form 7208 is currently available, and the final version of the form will be released prior to the first due date on which the stock repurchase excise tax must be reported and paid, the agency said.

As mentioned in last year’s Announcement 2023-18, the proposed regulations would establish that, for taxpayers with a taxable year ending after Dec. 31, 2022, but before the publication of final regulations, any liability for the stock repurchase excise tax for the taxable year must be reported on the Form 720 that is due for the first full quarter after the date the final regulations are published, and that the deadline for payment of the tax is the same as the filing deadline.

Written comments regarding the proposed regulations must be submitted by the following dates:

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RightTool Wins 2024 Accountant Bracket Challenge

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QuickBooks automation tool RightTool is the champion of the 2024 Accountant Bracket Challenge, presented by Accounting High, as the 3 seed defeated 1 seed CPA Jason Staats, host of the Jason Daily podcast, by a score of 355 votes to 110 votes in the final.

“To everybody in the RightTool Facebook community and all the RightTool users, all of you came together and helped us get the most votes, so I wanted to thank you guys for being the best community in the industry, in my opinion,” said Hector Garcia, CPA, co-founder of RightTool, during the championship final show, which was streamed by Accounting High on YouTube and LinkedIn earlier this afternoon.

RightTool joins accounting and bookkeeping app Uncat as winners of the ABC Tournament. In the inaugural Accountant Bracket Challenge last year, Uncat defeated Staats 339-190 in the championship match.

“I think what we’ve learned is … machines win,” Staats said about his consecutive losses in the tournament final. “We thought that would be down the road, but it’s happening.”

A grand total of 36,831 votes were cast during the three-week tournament.

“This has been so much fun. It only works if other people participate and pay attention and have fun, so thank you to the 1,806 ‘students’ who participated,” said Scott Scarano, an accounting firm owner who founded Accounting High, a community for forward-thinking accountants.

He added that the tournament will return next year, with some tweaks to make it better.

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Tesla to Launch RoboTaxi on August 8

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Dana Hull
Bloomberg News
(TNS)

Tesla Inc. plans to unveil its long-promised robotaxi later this year as the electric carmaker struggles with weak sales and competition from cheap Chinese EVs.

Chief Executive Officer Elon Musk posted Friday on X, his social media site, that Tesla’s robotaxi will be unveiled on Aug. 8.

Shares gained as much as 5.1% in postmarket trading in New York. Tesla’s stock has fallen 34% this year through Friday’s close. Shortly before Musk posted the news about the robotaxi, he lost the title of third-richest person in the works to Mark Zuckerberg, CEO of Meta Platforms Inc.

A fully autonomous vehicle, pitched to investors in 2019, has long been key to Tesla’s lofty valuation. In recent weeks, Tesla has rolled out the latest version of the driver-assistance software that it markets as FSD, or Full Self-Driving, to consumers.

The company has said that its next-generation vehicle platform will include both a cheaper car and a dedicated robotaxi. Though the company has teased both, it has yet to unveil prototypes of either. Musk’s Friday tweet indicates that the robotaxi is taking priority over the cheaper car, though both will be designed on the same platform.

Reuters reported earlier Friday that the carmaker had called off plans for the less-expensive vehicle and was shifting more resources toward trying to bring a robotaxi to market. Musk responded by saying “Reuters is lying,” without offering specifics.

Tesla also produced 46,561 more vehicles than it delivered in the first quarter, which has forced it to slash prices. U.S. consumers have been turning away from more expensive EVs in favor of hybrid models, causing many manufacturers to rethink pushes to electrify their fleets.

Splashy product announcements by Musk have always been a key part of Tesla’s ability to gin up enthusiasm among customers and investors without spending on traditional advertising. They don’t always work: the company unveiled the Cybertruck to enormous fanfare in November 2019, but production was delayed for years and the ramp up of that vehicle has been slow.

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(With assistance from Catherine Larkin.)

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Retail Sales and Wages Grew in March

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Retail sales grew at a steady pace in March, according to the CNBC/NRF Retail Monitor, powered by Affinity Solutions, released today by the National Retail Federation.

“As inflation for goods levels off, March’s data demonstrates steady spending by value-focused consumers who continue to benefit from a strong labor market and real wage gains,” NRF President and CEO Matthew Shay said. “In this highly competitive market, retailers are having to keep prices as low as possible to meet the demand of consumers looking to stretch their family budgets.”

Total retail sales, excluding automobiles and gasoline, were up 0.36% seasonally adjusted month over month and up 2.72% unadjusted year over year in March, according to the Retail Monitor. That compared with increases of 0.4% month over month and 2.7% year over year in February, based on the first 28 days in February.

The Retail Monitor calculation of core retail sales – excluding restaurants in addition to automobiles and gasoline – was up 0.23% month over month and up 2.92% year over year in March. That compared with increases of 0.27% month over month and 2.99% year over year in February, based on the first 28 days in February.

For the first quarter, total retail sales were up 2.65% year over year and core sales were up 3.12%.

This is the sixth month that the Retail Monitor, which was launched in November, has provided data on monthly retail sales. Unlike survey-based numbers collected by the Census Bureau, the Retail Monitor uses actual, anonymized credit and debit card purchase data compiled by Affinity Solutions and does not need to be revised monthly or annually.

March sales were up in six out of nine retail categories on a yearly basis, led by online sales, sporting goods stores and health and personal care stores, and up in five categories on a monthly basis. Specifics from key sectors include:

  • Online and other non-store sales were up 2.48% month over month seasonally adjusted and up 15.47% year over year unadjusted.
  • Sporting goods, hobby, music and book stores were up 0.86% month over month seasonally adjusted and up 8.33% year over year unadjusted.
  • Health and personal care stores were up 0.03% month over month seasonally adjusted and up 4.5% year over year unadjusted.
  • Grocery and beverage stores were up 1.17% month over month and up 4.22% year over year unadjusted.
  • General merchandise stores were up 0.13% month over month seasonally adjusted and up 3.38% year over year unadjusted.
  • Clothing and accessories stores were down 0.01% month over month and up 2.13% year over year unadjusted.
  • Building and garden supply stores were down 2.13% month over month and down 3.97% year over year unadjusted.
  • Furniture and home furnishings stores were down 1.46% month over month seasonally adjusted and down 5.28% year over year unadjusted.
  • Electronics and appliance stores were down 2.27% month over month seasonally adjusted and down 5.92% year over year unadjusted.

To learn more, visit nrf.com/nrf/cnbc-retail-monitor.

As the leading authority and voice for the retail industry, NRF provides data on retail sales each month and also forecasts annual retail sales and spending for key periods such as the holiday season each year.

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